The administrator of the FAA, Randy Babbitt, was arrested by Fairfax County police and charged with driving while intoxicated. Babbitt was seen driving on the wrong side of the road and was pulled over at approximately 1030 at night. He was alone in the car at the time. After being taken to a local jail, he was released on a personal recognizance bond. Babbitt flew 25 years for Eastern Airlines and was sworn in to lead the FAA on June 1, 2009.
The FAA is responsible for enforcing pilot certification and is the agency requires pilots and airmen to report all alcohol related arrests.
John Hunsucker
Oklahoma DUI Attorney
Monday, December 5, 2011
Wednesday, November 30, 2011
Oklahoma Reckless Driving Ticket
Oklahoma enacted a new law that went into effect on November 1, 2011 titled Aaron's law. This new law mandates that anyone receiving a conviction for reckless driving in Oklahoma will automatically lose their Oklahoma Driver's License for a period of one year. What is really stupid about this law is that it does not provide for any modified driving privileges.
Oklahoma does not have decent public transportation which means people are going to drive to get to and from work or school. Most insurance policies do not cover unlicensed drivers so if they are in an accident, there will not be any insurance coverage. This is another example of our government making a knee jerk reaction and creating laws without thinking through the consequences. Under this new law, the license punishment for reckless driving is worse than the punishment for DUI or driving under the influence. How does that make sense? What it means for the citizen that makes a driving mistake and the cop writes it up as a reckless, he/she will need to hire an attorney to make sure the charge does not become a conviction and thus, no license suspension.
John Hunsucker
Oklahoma DUI
Bruce Edge
Tulsa DUI
Oklahoma does not have decent public transportation which means people are going to drive to get to and from work or school. Most insurance policies do not cover unlicensed drivers so if they are in an accident, there will not be any insurance coverage. This is another example of our government making a knee jerk reaction and creating laws without thinking through the consequences. Under this new law, the license punishment for reckless driving is worse than the punishment for DUI or driving under the influence. How does that make sense? What it means for the citizen that makes a driving mistake and the cop writes it up as a reckless, he/she will need to hire an attorney to make sure the charge does not become a conviction and thus, no license suspension.
John Hunsucker
Oklahoma DUI
Bruce Edge
Tulsa DUI
Wednesday, November 23, 2011
Avoid an Oklahoma DUI Arrest
Once again, in an attempt to reduce the number of Oklahoma DUI arrests, AAA Oklahoma is offering their Tipsy Tow service during the hoilday season. For Thanksgiving, the service begins at 6 pm tonight and runs through 2 am Monday morning in the Oklahoma City, Tulsa, Lawton, Shawnee, Enid, Muskogee and Bartlesville areas.
Avoid being arrested for driving under the influence by calling 1-800-222-4357. Tipsy Tow will tow you, one passenger, and your vehicle to your residence within 15 miles.
This free service is a great way to avoid the stiff Oklahoma DUI penalties that come with an Oklahoma DUI arrest as a first time DUI arrest without any accidents or injuries carries minimum 10 days up to 1 year in the county jail as well as a fine of up to $1000.00.
John Hunsucker
Oklahoma DUI Defense Lawyer
Bruce Edge
Tulsa DUI Defense Lawyer
Avoid being arrested for driving under the influence by calling 1-800-222-4357. Tipsy Tow will tow you, one passenger, and your vehicle to your residence within 15 miles.
This free service is a great way to avoid the stiff Oklahoma DUI penalties that come with an Oklahoma DUI arrest as a first time DUI arrest without any accidents or injuries carries minimum 10 days up to 1 year in the county jail as well as a fine of up to $1000.00.
John Hunsucker
Oklahoma DUI Defense Lawyer
Bruce Edge
Tulsa DUI Defense Lawyer
What Not To Do When Being Stopped For DUI, Part Three
A Warr Acres man with a history of DUI arrests attempted to elude officers. Joe Escobar, 31, died after losing control of his pickup. Officers attempted to stop him after he was allegedly driving slow and straddling lane lines leading the officer to believe he may be DUI (driving under the influence) according to police officers.
This is another case of what not to do when being stopped for DUI. What should have been a situation of being arrested for DUI and then bonding out turned into a life ending tragedy for Mr. Escobar and his family.
An Oklahoma DUI arrest is serious but if handled correctly, you can get through the system. Not every DUI arrest ends up in jail time. In fact. very, very few of our (John and Bruce) clients ever go back to jail after bonding out. Some of our clients never even lose their Oklahoma driver's license. Of the ones that do lose their driver's license, almost all of them get some type of modified license that still allows them to drive legally.
John Hunsucker
Oklahoma DUI Defense
Bruce Edge
Tulsa DUI Defense
This is another case of what not to do when being stopped for DUI. What should have been a situation of being arrested for DUI and then bonding out turned into a life ending tragedy for Mr. Escobar and his family.
An Oklahoma DUI arrest is serious but if handled correctly, you can get through the system. Not every DUI arrest ends up in jail time. In fact. very, very few of our (John and Bruce) clients ever go back to jail after bonding out. Some of our clients never even lose their Oklahoma driver's license. Of the ones that do lose their driver's license, almost all of them get some type of modified license that still allows them to drive legally.
John Hunsucker
Oklahoma DUI Defense
Bruce Edge
Tulsa DUI Defense
Tuesday, November 22, 2011
What Not To Do When Being Stopped For DUI, Part Two
An Oklahoma City attorney pled guilty to an Oklahoma County APC misdemeanor and resisting arrest this week in the Oklahoma County District Court. APC is short for being in Actual Physical Control of a Motor Vehicle While Under the Influence of Alcohol.
The attorney, along with another Oklahoma City attorney were arrested September 12, 2008 after the Whataburger manager said the attorney's SUV almost hit another vehicle in the drive thru lane at 140 am. According to the police officer, after they arrived, the attorney became uncooperative and spit in the officer's face and pulled out a badge from the Oklahoma County Sheriff's Department claiming to be a deputy. The badge was not an actual Oklahoma County Deputy's badge but an "eagle" badge that is given to supporters. Once at the station, the officers claim that the attorney kept cursing at them and demanding to be taken to Oklahoma County.
The officers complied with the attorney's request and took him to Oklahoma County where they charged him with felony placing bodily fluids on a police officer and felony impersonating an officer. Thus, what would have been a simple misdemeanor drunk driving charge or actual physical control charge turned into felony charges.
If you are arrested for DUI or APC, it is best to remain silent and cooperate with the officers. However, that cooperation does not include performing any field sobriety tests or other roadside tests. The decision to take the state's breath test or blood test is a decision that would bary depending on the circumstances of your arrest and prior DUI charges. It is always best to consult with a qualified DUI attorney as quickly as you can after being arrested.
John Hunsucker
Oklahoma DUI Lawyer
Bruce Edge
Tulsa DUI Attorney
The attorney, along with another Oklahoma City attorney were arrested September 12, 2008 after the Whataburger manager said the attorney's SUV almost hit another vehicle in the drive thru lane at 140 am. According to the police officer, after they arrived, the attorney became uncooperative and spit in the officer's face and pulled out a badge from the Oklahoma County Sheriff's Department claiming to be a deputy. The badge was not an actual Oklahoma County Deputy's badge but an "eagle" badge that is given to supporters. Once at the station, the officers claim that the attorney kept cursing at them and demanding to be taken to Oklahoma County.
The officers complied with the attorney's request and took him to Oklahoma County where they charged him with felony placing bodily fluids on a police officer and felony impersonating an officer. Thus, what would have been a simple misdemeanor drunk driving charge or actual physical control charge turned into felony charges.
If you are arrested for DUI or APC, it is best to remain silent and cooperate with the officers. However, that cooperation does not include performing any field sobriety tests or other roadside tests. The decision to take the state's breath test or blood test is a decision that would bary depending on the circumstances of your arrest and prior DUI charges. It is always best to consult with a qualified DUI attorney as quickly as you can after being arrested.
John Hunsucker
Oklahoma DUI Lawyer
Bruce Edge
Tulsa DUI Attorney
Monday, November 21, 2011
What Not To Do When Being Stopped For DUI
You have gone out to the club with a few friends and had a few drinks. Driving home, a police officer lights you up to pull over. What do you do? The worst thing you can do is run. The chances of eluding are slim and the consequences are great. Getting a DUI charge is bad but don't make it worse by adding a felonay eluding charge, possibly injuring someone, or even causing your own death.
Chris Mooneyham, 33, did just that. After an Oklahoma Highway Patrol (OHP) Trooper noticed Mr. Mooneyham allegedly driving erratically near Interstate 35 and SE 19th Street in Moore, Oklahoma, the unidentified Trooper attempted to stop the suspected drunk driver. Instead of pulling over, the suspected DUI driver attempted to elude the Trooper. At some point, a passenger got out of the vehicle and the Trooper got out of his vehicle to chase the passenger. Mr. Mooneyham allegedly attempted to run over the Trooper. The Trooper fired several shots at the vehicle resulting in Mr. Mooneyham's death at the scene.
The trooper has been placed on paid, routine administrative leave pending the outcome of the investigation. The crime scene investigators will compile a report and submit their findings to the chief's office.
If you are being arrested for a first time Oklahoma DUI misdemeanor offense, the worst case you are generally looking at is probation and a reduction in the DUI charge to a non DUI charge or a dismissal of your Oklahoma DUI charge. If you attempt to elude and there are other vehicles around, you can be charged with felony eluding which carries prison time. If you attempt to elude and a death results, then you will be charge with felony murder which carries up to life in prison.
If you have been arrested for an Oklahoma DUI, then hire an experienced DUI attorney to protect you, your future, and your license.
John Hunsucker
Oklahoma City DUI Attorney
Bruce Edge
Tulsa DUI Attorney
Chris Mooneyham, 33, did just that. After an Oklahoma Highway Patrol (OHP) Trooper noticed Mr. Mooneyham allegedly driving erratically near Interstate 35 and SE 19th Street in Moore, Oklahoma, the unidentified Trooper attempted to stop the suspected drunk driver. Instead of pulling over, the suspected DUI driver attempted to elude the Trooper. At some point, a passenger got out of the vehicle and the Trooper got out of his vehicle to chase the passenger. Mr. Mooneyham allegedly attempted to run over the Trooper. The Trooper fired several shots at the vehicle resulting in Mr. Mooneyham's death at the scene.
The trooper has been placed on paid, routine administrative leave pending the outcome of the investigation. The crime scene investigators will compile a report and submit their findings to the chief's office.
If you are being arrested for a first time Oklahoma DUI misdemeanor offense, the worst case you are generally looking at is probation and a reduction in the DUI charge to a non DUI charge or a dismissal of your Oklahoma DUI charge. If you attempt to elude and there are other vehicles around, you can be charged with felony eluding which carries prison time. If you attempt to elude and a death results, then you will be charge with felony murder which carries up to life in prison.
If you have been arrested for an Oklahoma DUI, then hire an experienced DUI attorney to protect you, your future, and your license.
John Hunsucker
Oklahoma City DUI Attorney
Bruce Edge
Tulsa DUI Attorney
Friday, November 18, 2011
Oklahoma DUI Checkpoints This Weekend
Oklahoma County Sheriff's Office announced that they will be conducting DUI roadblocks this weekend. Although they will be looking for all license and equipment violations, the main point is to look for Oklahoma drivers that may be driving under the influence or DUI.
If you are stopped at a DUI checkpoint or DUI roadblock, remain calm, cooperate with the officer but do not admit to consuming any alcohol. Do not submit to any field sobriety tests like the pen test or walk a straight line test. Do not blow into any handheld portable breath testing devices.
The decision on whether to take the actual breath or blood test is up to you. However, Oklahoma has just passed a new law that requires anyone that loses their Oklahoma driver's license for the first time as a result of refusing to take the breathalyzer or intoxilyzer or takes the breath test / blood test and has a result of .15 or higher to have an ignition interlock device in their vehicle for an additional 18 months after reinstatement.
Thus, if you think you are below a .15, then you may be better off taking the Oklahoma breath test. If you may be over a .15 bac, then you could face an aggravated DUI charge which would require additional treatment. To get an idea of what it takes to get to a .15 breath alcohol level, see our breath calculator.
If you decide to take the Oklahoma breath test, after taking the test immediately request a blood test and tell them that you will pay for it. This is your right. The blood test is more accurate and by requesting it after the their breath test, it gives you a little more time to eliminate alcohol.
The best thing to do to avoid a Oklahoma DUI charge is to drink responsibly and have a designated driver. If you are arrested, then you will want to take advantage of the free consultation offered by qualified Oklahoma DUI lawyers like Bruce and myself.
John Hunsucker
Oklahoma DUI Lawyer
Bruce Edge
Tulsa DUI Attorney
If you are stopped at a DUI checkpoint or DUI roadblock, remain calm, cooperate with the officer but do not admit to consuming any alcohol. Do not submit to any field sobriety tests like the pen test or walk a straight line test. Do not blow into any handheld portable breath testing devices.
The decision on whether to take the actual breath or blood test is up to you. However, Oklahoma has just passed a new law that requires anyone that loses their Oklahoma driver's license for the first time as a result of refusing to take the breathalyzer or intoxilyzer or takes the breath test / blood test and has a result of .15 or higher to have an ignition interlock device in their vehicle for an additional 18 months after reinstatement.
Thus, if you think you are below a .15, then you may be better off taking the Oklahoma breath test. If you may be over a .15 bac, then you could face an aggravated DUI charge which would require additional treatment. To get an idea of what it takes to get to a .15 breath alcohol level, see our breath calculator.
If you decide to take the Oklahoma breath test, after taking the test immediately request a blood test and tell them that you will pay for it. This is your right. The blood test is more accurate and by requesting it after the their breath test, it gives you a little more time to eliminate alcohol.
The best thing to do to avoid a Oklahoma DUI charge is to drink responsibly and have a designated driver. If you are arrested, then you will want to take advantage of the free consultation offered by qualified Oklahoma DUI lawyers like Bruce and myself.
John Hunsucker
Oklahoma DUI Lawyer
Bruce Edge
Tulsa DUI Attorney
Wednesday, November 16, 2011
More DUI Arrests Coming
Oklahoma Department of Public Safety and the Oklahoma Highway patrol announced their new campaign yesterday for traffic and drunk driving enforcement. The "More Cops, More Stops" campaign will run through the holidays. The cops will be looking for people not wearing seatbelts as well as other minor violations of the law so they can have a reason to pull you over.
Similar to our past experiences, most of these seatbelt stops will be at 2 a.m. just down the street from the local bars. If the past history is any indicator, the seatbelt stop will simply be the reason for a pretextual stop for an Oklahoma DUI arrest. Are our resources better spent pulling over the person that is weaving all over the road and is actually driving impaired instead of a person that is not having any difficulty operating their car? Get the dangerous person off the road instead of someone that may or may not be barely over the limit and doesn't pose a danger to anyone.
We remind people to drink responsibly but we also protect responsible social drinking.
John Hunsucker
Oklahoma DUI Attorney
Bruce Edge
Tulsa DUI Attorney
Similar to our past experiences, most of these seatbelt stops will be at 2 a.m. just down the street from the local bars. If the past history is any indicator, the seatbelt stop will simply be the reason for a pretextual stop for an Oklahoma DUI arrest. Are our resources better spent pulling over the person that is weaving all over the road and is actually driving impaired instead of a person that is not having any difficulty operating their car? Get the dangerous person off the road instead of someone that may or may not be barely over the limit and doesn't pose a danger to anyone.
We remind people to drink responsibly but we also protect responsible social drinking.
John Hunsucker
Oklahoma DUI Attorney
Bruce Edge
Tulsa DUI Attorney
Friday, November 11, 2011
Thank you to our Veterans
Bruce and I along with the staff at the Hunsucker Legal Group and the Edge Law Firm wish to thank our veterans that have sacrificed so much so we can enjoy the freedoms we have. As an army brat growing up on military bases following my career army father post to post, I have seen some of the sacrifices the veterans made leaving their hometowns, families and loved ones behind as they went off to protect us and keep us safe. Some paid the ultimate sacrifice and we say a prayer for those today as we remember.
To my father, Major James Hunsucker (Army Ret.) and all of the other veterans, thank you.
John Hunsucker
Oklahoma DUI Defense
Bruce Edge
Tulsa DUI Defense
To my father, Major James Hunsucker (Army Ret.) and all of the other veterans, thank you.
John Hunsucker
Oklahoma DUI Defense
Bruce Edge
Tulsa DUI Defense
Sunday, October 30, 2011
Another Cop arrested for DUI and refuses breath test
I always find it interesting when a police officer is arrested for DUI or APC and they refuse to take a breathalyzer or intoxilyzer test. Although it is not known what type of intoxilyzer test was offered to the Florida State Trooper arrested for driving under the influence, Florida has had issues with the Intoxilyzer 8000. The Intoxilyzer 8000 is the same breath testing device Oklahoma uses to test suspected Oklahoma DUI drivers.
In this case, a Florida Highway Patrol trooper named John Wilcox was arrested by Naples police Wednesday for DUI. The trooper was subsequently fired by the FHP on the same day. It is unclear if the DUI charge was the sole reason has this trooper has had previous difficulties with the law and previous complaints. According to the police report, Naples police pulled over a white truck after a witness reported that the truck struck a tree. Witnesses said several occupants got out, inspected the damage, and then drove away. Wilcox was driving the truck with two other passengers when officers stopped the truck which lead to the DUI arrest. Wilcox admitted to drinking but denied he was behind the wheel when it hit the tree. The Naples officer noting in his report that he knew Wilcox, said there was a strong odor of alcohol of alcoholic beverage from his breath. Wilcox submitted to the field sobriety tests, but refused a breath test, the report said.
John
John Hunsucker
Oklahoma City DUI Lawyer
Bruce Edge
Tulsa DUI Lawyer
In this case, a Florida Highway Patrol trooper named John Wilcox was arrested by Naples police Wednesday for DUI. The trooper was subsequently fired by the FHP on the same day. It is unclear if the DUI charge was the sole reason has this trooper has had previous difficulties with the law and previous complaints. According to the police report, Naples police pulled over a white truck after a witness reported that the truck struck a tree. Witnesses said several occupants got out, inspected the damage, and then drove away. Wilcox was driving the truck with two other passengers when officers stopped the truck which lead to the DUI arrest. Wilcox admitted to drinking but denied he was behind the wheel when it hit the tree. The Naples officer noting in his report that he knew Wilcox, said there was a strong odor of alcohol of alcoholic beverage from his breath. Wilcox submitted to the field sobriety tests, but refused a breath test, the report said.
John
John Hunsucker
Oklahoma City DUI Lawyer
Bruce Edge
Tulsa DUI Lawyer
Thursday, October 13, 2011
More problems with Intoxilyzer 8000
Prosecutors in two Florida counties have decided not to use breath-test results in about 100 current DUI cases in Sarasota and Manatee counties after learning about problems with the Intoxilyzer 8000. The Intoxilyzer 8000 is the same breath testing machine used in Oklahoma.
DUI prosecutors made Wednesday's announcement after the Herald Tribune reported that drivers across Florida have been arrested and convicted of DUI charges based on flawed breath-test machines that reported impossible results.
About 40% of Florida's Intoxilyzer 8000s tested by the State were incorrectly measuring breath volumnes of 2-3 times normal human lung capacity.
For more information, visit www.okdui.com or www.edgelawfirm.com
John Hunsucker
Oklahoma DUI Attorney
DUI prosecutors made Wednesday's announcement after the Herald Tribune reported that drivers across Florida have been arrested and convicted of DUI charges based on flawed breath-test machines that reported impossible results.
About 40% of Florida's Intoxilyzer 8000s tested by the State were incorrectly measuring breath volumnes of 2-3 times normal human lung capacity.
For more information, visit www.okdui.com or www.edgelawfirm.com
John Hunsucker
Oklahoma DUI Attorney
Wednesday, September 7, 2011
Norman, Oklahoma DUI Checkpoint
Norman Police Department conducted a DUI checkpoint/ DUI roadblock this last weekend. The roadblock lasted four hours and started Friday night at 11 pm. The results of the roadblock were five arrests for DUIs out of 565 cars checked. That means a minimum of 560 people were seized and detain for doing nothing more than driving their car through the intersection of Wylie Road and West Lindsey Street.
Is this a good use of manpower for 5 DUI arrests. How many officers were involved? If all the officers were at the roadblock, who was covering the rest of the city? How many officers were brought in for overtime?
Wouldn't it make more sense to use these officers to patrol the streets looking for drivers who are actually driving in a manner that indicates they may be under the influence of alcohol or potentially driving drunk? This would be a better use of manpower and would provide for city wide enforcement to prevent DUI drivers. Most importantly, the rivers and passengers in the 560 other vehicles would not have had their evening interrupted by russian style police tactics.
Is this a good use of manpower for 5 DUI arrests. How many officers were involved? If all the officers were at the roadblock, who was covering the rest of the city? How many officers were brought in for overtime?
Wouldn't it make more sense to use these officers to patrol the streets looking for drivers who are actually driving in a manner that indicates they may be under the influence of alcohol or potentially driving drunk? This would be a better use of manpower and would provide for city wide enforcement to prevent DUI drivers. Most importantly, the rivers and passengers in the 560 other vehicles would not have had their evening interrupted by russian style police tactics.
Wednesday, August 24, 2011
OHp Refuses To release Dash Cam Video
The Oklahoma Highway Patrol stated last week that they will not release the dash cam video from the Trooper's car that is now charged with rape. OHP claims that to do so could influence the criminal case against the defendant and they do not want to set a precedent that is unprofessional and irresponsible. OHP also stated that they have a duty to presserve and protect the evidence.
OHP has previously released videos when there are car chases or other incurrences that make the Patrol look good but if it makes the Patrol look bad...then we get this whitewashing statement about protecting evidence. Here is my letter to the Editor that was printed in today's Daily Oklahoman:
Subject: Letter to Editor_OHP Video Release
Dear Editor:
OHP's Aug. 19. 2011 statement wherein OHP justifies not releasing the dash cam video from the trooper's car alleged of sexual misconduct is extremely hypocritical. OHP states that every citizen accused of a crime has the right to expect the law enforcement agency preserve and safeguard the evidence and that 'haphazardly releasing evidence that could influence the outcome of a criminal case would be irresponsible and unprofessional -- this is not a precedent that the department is willing to establish."
Complete hogwash! Flashback to January 2011 when this same trooper used his car to force a suspected DUI driver into stopping on the Belle Isle bridge before entering a construction zone. Even though the suspected DUI driver was charged with several crimes and should have been afforded the same courtesy of not releasing the dash cam video haphazardly to avoid influencing the suspected DUI driver's criminal case,OHP released the video immediately after the incident. So much for irresponsible and unprofessional.
OHP's claims that they want to preserve evidence is almost as incredulous. As a DUI defense lawyer, we request OHP videos in every case. Although the report written by the trooper will state that the video was booked into evidence, I have many cases where when we request the video through court ordered subpoenas-- the response is that there is no video recording. I have asked troopers under oath whether they made a video recording of the stop and even though they testify yes, OHP's response is still that there is no video. So much for preserving evidence.
John Hunsucker
One North Hudson Ave, Ste 700
Oklahoma City, Oklahoma 73102
405-231-5600
.
OHP has previously released videos when there are car chases or other incurrences that make the Patrol look good but if it makes the Patrol look bad...then we get this whitewashing statement about protecting evidence. Here is my letter to the Editor that was printed in today's Daily Oklahoman:
Subject: Letter to Editor_OHP Video Release
Dear Editor:
OHP's Aug. 19. 2011 statement wherein OHP justifies not releasing the dash cam video from the trooper's car alleged of sexual misconduct is extremely hypocritical. OHP states that every citizen accused of a crime has the right to expect the law enforcement agency preserve and safeguard the evidence and that 'haphazardly releasing evidence that could influence the outcome of a criminal case would be irresponsible and unprofessional -- this is not a precedent that the department is willing to establish."
Complete hogwash! Flashback to January 2011 when this same trooper used his car to force a suspected DUI driver into stopping on the Belle Isle bridge before entering a construction zone. Even though the suspected DUI driver was charged with several crimes and should have been afforded the same courtesy of not releasing the dash cam video haphazardly to avoid influencing the suspected DUI driver's criminal case,OHP released the video immediately after the incident. So much for irresponsible and unprofessional.
OHP's claims that they want to preserve evidence is almost as incredulous. As a DUI defense lawyer, we request OHP videos in every case. Although the report written by the trooper will state that the video was booked into evidence, I have many cases where when we request the video through court ordered subpoenas-- the response is that there is no video recording. I have asked troopers under oath whether they made a video recording of the stop and even though they testify yes, OHP's response is still that there is no video. So much for preserving evidence.
John Hunsucker
One North Hudson Ave, Ste 700
Oklahoma City, Oklahoma 73102
405-231-5600
.
Monday, August 1, 2011
Police Officer is Arrested Pulling DARE Trailer
School Resource Officer is arrested after DUI accident while pulling DARE trailer. Cops are not super human or above the law. Their opinions, testimony and actions are no different than any other citizen walking the streets.
http://www.wave3.com/story/15170315/cop-pulling-dare-trailer-charged-with-dui
Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
http://www.edgelawfirm.com/
John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600
www.OKDUI.com
http://www.wave3.com/story/15170315/cop-pulling-dare-trailer-charged-with-dui
Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
http://www.edgelawfirm.com/
John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600
www.OKDUI.com
Wednesday, May 4, 2011
DUI Police Officer LIES in court--sent to jail
Police officer lies under oath and is sent to jail.
Officers are human and their testimony should be treated the same as any other witness, not given extra weight. This may be similar to other cases where the officer “enhanced” evidence in a DUI case so he could get more overtime from testifying. When there is a financial incentive involved, the testimony should be subjected to extreme scrutiny.
In this age of reduced privacy why shouldn’t every officer have a camera in his car? We have them at traffic intersections and the technology has been around for years. Yet many agencies do not equip their cars with a device which can protect the officer from unjustified claims and offer actual proof of events. It is expedient for the courts to expect a jury to simply “trust the police” they have no reason to lie---yet we have seen they are times that they do……..
http://wap.wsoctv.com/wap/news/text.jsp?sid=37&nid=47623714&cid=366&scid=-1&ith=3&title=Local+News
Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
www.EdgeLawFirm.com
John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600,
www.OKDUI.com
Officers are human and their testimony should be treated the same as any other witness, not given extra weight. This may be similar to other cases where the officer “enhanced” evidence in a DUI case so he could get more overtime from testifying. When there is a financial incentive involved, the testimony should be subjected to extreme scrutiny.
In this age of reduced privacy why shouldn’t every officer have a camera in his car? We have them at traffic intersections and the technology has been around for years. Yet many agencies do not equip their cars with a device which can protect the officer from unjustified claims and offer actual proof of events. It is expedient for the courts to expect a jury to simply “trust the police” they have no reason to lie---yet we have seen they are times that they do……..
http://wap.wsoctv.com/wap/news/text.jsp?sid=37&nid=47623714&cid=366&scid=-1&ith=3&title=Local+News
Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
www.EdgeLawFirm.com
John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600,
www.OKDUI.com
Friday, April 22, 2011
TOO OLD FOR FIELD SOBRIETY TEST
PULASKI TOWNSHIP, Pa. -- A Lawrence County judge has dismissed a drunken driving case against an Ohio woman, ruling she was too old to take a field sobriety test.
Danniel Weaver, of Youngstown, was 59 when she was cited for DUI following an accident on Route 422 in Pulaski Township in February 2010.
According to court records, a police officer asked Weaver to perform four field sobriety tests. She passed three of them, but failed a test requiring her to stand on one leg.
Team 4 investigator Paul Van Osdol reported that the National Highway Traffic Safety Administration says the one-leg-stand test should not be done on persons over 60.
"The feeling is, if you get to a certain age, that's just not the same kind of indicator of intoxication as it was when you were younger," said John Burkoff, a professor at the University of Pittsburgh School of Law.
In his ruling on the case, Common Pleas Judge Dominick Motto wrote: "Since the tests were not designed for persons above the age of 60, and Ms. Weaver was 59 at the time, and she had just been in a violent automobile collision, the results of Ms. Weaver's single failed field sobriety test should be deemed unreliable."
The police officer also said Weaver had slightly slurred speech and her eyes were "a bit glassy" but the judge ruled that alone was not enough evidence to pursue the DUI case.
Burkoff said the judge's decision does not mean seniors are off the hook if they get behind the wheel, because they can still be given Breathalyzer or blood tests.
"The one impression you shouldn't get is that what the judge was doing was creating some kind of senior discount for DUIs," said Burkoff. "Doesn't exist."
A breath test that was done on Weaver was not submitted as evidence in her case. The reason for that is unclear.
Weaver told Van Osdol that she had no idea that the one-leg-stand test was improper for someone her age.
CAUTION:
AS WE HAVE STATED ON OUR WEB SITES, WE WOULD ALWAYS REFUSE THE FIELD SOBRIETY TESTS. IN OKLAHOMA THEY ARE STRICTLY VOLUNTARY AND ARE DESIGNED FOR FAILURE.
Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
www.EdgeLawFirm.com
John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600,
www.OKDUI.com
Danniel Weaver, of Youngstown, was 59 when she was cited for DUI following an accident on Route 422 in Pulaski Township in February 2010.
According to court records, a police officer asked Weaver to perform four field sobriety tests. She passed three of them, but failed a test requiring her to stand on one leg.
Team 4 investigator Paul Van Osdol reported that the National Highway Traffic Safety Administration says the one-leg-stand test should not be done on persons over 60.
"The feeling is, if you get to a certain age, that's just not the same kind of indicator of intoxication as it was when you were younger," said John Burkoff, a professor at the University of Pittsburgh School of Law.
In his ruling on the case, Common Pleas Judge Dominick Motto wrote: "Since the tests were not designed for persons above the age of 60, and Ms. Weaver was 59 at the time, and she had just been in a violent automobile collision, the results of Ms. Weaver's single failed field sobriety test should be deemed unreliable."
The police officer also said Weaver had slightly slurred speech and her eyes were "a bit glassy" but the judge ruled that alone was not enough evidence to pursue the DUI case.
Burkoff said the judge's decision does not mean seniors are off the hook if they get behind the wheel, because they can still be given Breathalyzer or blood tests.
"The one impression you shouldn't get is that what the judge was doing was creating some kind of senior discount for DUIs," said Burkoff. "Doesn't exist."
A breath test that was done on Weaver was not submitted as evidence in her case. The reason for that is unclear.
Weaver told Van Osdol that she had no idea that the one-leg-stand test was improper for someone her age.
CAUTION:
AS WE HAVE STATED ON OUR WEB SITES, WE WOULD ALWAYS REFUSE THE FIELD SOBRIETY TESTS. IN OKLAHOMA THEY ARE STRICTLY VOLUNTARY AND ARE DESIGNED FOR FAILURE.
Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
www.EdgeLawFirm.com
John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600,
www.OKDUI.com
Friday, April 8, 2011
JUDGE SHOWS HE IS NOT ABOVE THE LAW
Drunk Judge, Wrapped in Bedsheet, Arrested in Hotel Hallway
By Adam Ramirez on April 6, 2011 5:47 AM | No TrackBacks
A Pennsylvania judge has landed on the other side of the law after police found him (sans robe or gavel) highly intoxicated, naked and wrapped in a bedsheet in a Cumberland County hotel.
Douglas Gummo, a magistrate judge in Huntingdon County, is charged with harassment, disorderly conduct and public drunkenness.
Police said they were called to the Radisson Penn Harris hotel in Camp Hill on April 1 after getting a call from another judge. Police said Gummo had met the other judge at a conference at the Radisson and he was trying to get into her room, WJAC-TV reports.
Gummo made quite a scene outside his fellow judge's hotel room. He really wanted to get in there. She really did not want him to come in.
Gummo was wearing only a bed sheet when he was taken into custody for repeatedly banging on the hotel door, police said, WGAL-TV reports.
Officers wrote in the citation that Gummo admitted to drinking 10 cans of beer and that the victim was "shaken" by the incident and required a police escort back to her room, WJAC-TV reports.
"She refused him admission to her room previously in the evening," a police news release states. "Gummo returned a short period later and beat on her door for approximately 10 minutes and attempted to turn the doorknob. He left and returned on two other occasions beating on the door attempting to gain access."
Huntingdon County court administrators told WJAC-TV on Monday afternoon that Gummo had not been suspended, but that a court order was released stating that other district magistrates would preside over hearings on Gummo's docket.
The woman in the room was identified by police as a magisterial district judge from outside the Harrisburg area, The Patriot-News reports.
Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
www.EdgeLawFirm.com
John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600,
www.OKDUI.com
By Adam Ramirez on April 6, 2011 5:47 AM | No TrackBacks
A Pennsylvania judge has landed on the other side of the law after police found him (sans robe or gavel) highly intoxicated, naked and wrapped in a bedsheet in a Cumberland County hotel.
Douglas Gummo, a magistrate judge in Huntingdon County, is charged with harassment, disorderly conduct and public drunkenness.
Police said they were called to the Radisson Penn Harris hotel in Camp Hill on April 1 after getting a call from another judge. Police said Gummo had met the other judge at a conference at the Radisson and he was trying to get into her room, WJAC-TV reports.
Gummo made quite a scene outside his fellow judge's hotel room. He really wanted to get in there. She really did not want him to come in.
Gummo was wearing only a bed sheet when he was taken into custody for repeatedly banging on the hotel door, police said, WGAL-TV reports.
Officers wrote in the citation that Gummo admitted to drinking 10 cans of beer and that the victim was "shaken" by the incident and required a police escort back to her room, WJAC-TV reports.
"She refused him admission to her room previously in the evening," a police news release states. "Gummo returned a short period later and beat on her door for approximately 10 minutes and attempted to turn the doorknob. He left and returned on two other occasions beating on the door attempting to gain access."
Huntingdon County court administrators told WJAC-TV on Monday afternoon that Gummo had not been suspended, but that a court order was released stating that other district magistrates would preside over hearings on Gummo's docket.
The woman in the room was identified by police as a magisterial district judge from outside the Harrisburg area, The Patriot-News reports.
Bruce Edge
Board Certified DUI Defense,
National College DUI Defense according to ABA guidelines
201 W. 5TH Street, Suite 550
Tulsa, OK 74103
918-582-6333
877-DUI-EDGE
www.EdgeLawFirm.com
John Hunsucker
Hunsucker Legal Group
One North Hudson Avenue, Suite 700
Oklahoma City, Oklahoma 73102
405-231-5600,
www.OKDUI.com
Sunday, March 20, 2011
Dirty DUI Cop
Saw an article on www.sfgate.com this morning that should make most people uneasy. Apparently a Deputy with the Contra Costa County Sheriff's Department in California has been accused of setting up citizens for DUI arrests so he could gain financially. He was discovered after admitting his dirty tactics to other police officers.
The alleged purpose of the DUI setups were to "dirty" up the arrested DUI targets so it could be used against them in non related divorce and other legal cases. According to the article, the deputy was in cahoots with a private investigator. The allegation is that the investigator would hire pretty women to meet up the the target and invite him out for drinks. Then it is alleged that after several drinks, the investigator would tip off the deputy with the location and vehicle type. The deputy would then sit outside the bar awaiting the target. It is alleged that the deputy received financial incentives from the investigator for these DUI arrests.
No one condones drinking and driving but as citizens in a free society, this type of for profit law enforcement can't be tolerated. It is bad enough that some police officers make more money on DUI overtime shifts which are paid for with quota based federal grants than they do from their regular pay check. When we allow the end to justify the means and the means is luring people into bars with pretty women and then "tipping off" a police officer who also has a financial stake in the outcome is just plain wrong.
John Hunsucker
www.okdui.com
Bruce Edge
www.edgelawfirm.com
The alleged purpose of the DUI setups were to "dirty" up the arrested DUI targets so it could be used against them in non related divorce and other legal cases. According to the article, the deputy was in cahoots with a private investigator. The allegation is that the investigator would hire pretty women to meet up the the target and invite him out for drinks. Then it is alleged that after several drinks, the investigator would tip off the deputy with the location and vehicle type. The deputy would then sit outside the bar awaiting the target. It is alleged that the deputy received financial incentives from the investigator for these DUI arrests.
No one condones drinking and driving but as citizens in a free society, this type of for profit law enforcement can't be tolerated. It is bad enough that some police officers make more money on DUI overtime shifts which are paid for with quota based federal grants than they do from their regular pay check. When we allow the end to justify the means and the means is luring people into bars with pretty women and then "tipping off" a police officer who also has a financial stake in the outcome is just plain wrong.
John Hunsucker
www.okdui.com
Bruce Edge
www.edgelawfirm.com
Another cop busted for DUI
Once again, another police official has been arrested for drunk driving. This last friday, a public information officer in Albany, New York was arrested after being seen driving without headlights. Not many details yet but he did refuse to take the state's test. I am speculating that maybe he doesn't trust the machines that they use daily and tout as accurate.
It is unclear which machine was offered for the breath test, but Bruce and I have both been able to obtain false results from our intoxilyzer 8000's (registered trademark of CMI). This may be one of the reasons that CMI refuses to sell the Intoxilyzer 8000 to defense attorneys or our experts as they do not want the machine tested to show it's inaccuracies. (Bruce and I are the only attorneys in Oklahoma that own Intoxilyzer 8000s)
For more information, contact John through www.okdui.com or Bruce through www.edgelawfirm.com
John
It is unclear which machine was offered for the breath test, but Bruce and I have both been able to obtain false results from our intoxilyzer 8000's (registered trademark of CMI). This may be one of the reasons that CMI refuses to sell the Intoxilyzer 8000 to defense attorneys or our experts as they do not want the machine tested to show it's inaccuracies. (Bruce and I are the only attorneys in Oklahoma that own Intoxilyzer 8000s)
For more information, contact John through www.okdui.com or Bruce through www.edgelawfirm.com
John
Monday, March 14, 2011
Oklahoma DUI Arrest crackdown, DUI Under 21
Oklahoma police are cracking down on underage drinking and DUI Under 21's. Fueled with federal grant money, Midwest City Police, Oklahoma County Sheriff's Department, and the Canadian County Sheriff's Department are conducting stings to combat underage dringking and DUI under 21's.
Prom time is generally the time of year that police officials see the most Oklahoma DUI arrests of minors but they are using the grant money to prepare and gear up. In addition to underage stings at establishments that sell alochol, the police agencies are conducting DUI roadblocks. Midwest City, Oklahoma Police conducted a DUI roadblock this last weekend.
Also, local police are monitoring social web sites and talking to school officials and other teenagers to try and locate teen parties and also looking for those violating the social host laws.
Oklahoma DUI under 21 only requires a breath alcohol level of .02 or more so basically any alcohol can cause an illegal reading. Although the authors do not advise anyone under the age of 21 to drink, it is important to realize that only 1 drink can put you over the legal limit. Also, if you have had anything to drink, do not sit in your car and listen to the radio as this can subject to you an Oklahoma APC charge which stands for "actual physical control". An APC in Oklahoma is the same a drunk driving charge or DUI even though you were not drinking and driving.
If you or someone you care about has been arrested for DUI, DWI, APC, or DUI under 21 or you would like more information, contact John Hunsucker if the DUI or APC charge is in Oklahoma County, Cleveland County, or anywhere in Western Oklahoma. John can be reached at 405-231-5600 or visit www.okdui.com . If the DUI or APC charge is in Tulsa County or Eastern Oklahoma, contact Bruce Edge at 1-918-582-6333 or visit www.edgelawfirm.com.
Prom time is generally the time of year that police officials see the most Oklahoma DUI arrests of minors but they are using the grant money to prepare and gear up. In addition to underage stings at establishments that sell alochol, the police agencies are conducting DUI roadblocks. Midwest City, Oklahoma Police conducted a DUI roadblock this last weekend.
Also, local police are monitoring social web sites and talking to school officials and other teenagers to try and locate teen parties and also looking for those violating the social host laws.
Oklahoma DUI under 21 only requires a breath alcohol level of .02 or more so basically any alcohol can cause an illegal reading. Although the authors do not advise anyone under the age of 21 to drink, it is important to realize that only 1 drink can put you over the legal limit. Also, if you have had anything to drink, do not sit in your car and listen to the radio as this can subject to you an Oklahoma APC charge which stands for "actual physical control". An APC in Oklahoma is the same a drunk driving charge or DUI even though you were not drinking and driving.
If you or someone you care about has been arrested for DUI, DWI, APC, or DUI under 21 or you would like more information, contact John Hunsucker if the DUI or APC charge is in Oklahoma County, Cleveland County, or anywhere in Western Oklahoma. John can be reached at 405-231-5600 or visit www.okdui.com . If the DUI or APC charge is in Tulsa County or Eastern Oklahoma, contact Bruce Edge at 1-918-582-6333 or visit www.edgelawfirm.com.
Friday, March 4, 2011
Man Drinks Beer During DUI Arrest
Police in northern Ohio say a man who was asked during a traffic stop
whether he'd been drinking took a swig from an open can of beer and told
the officer, "Yes."
Read more: http://wivb.m0bl.net/r/d3cqt
A unique approach to the question---"Have you been drinking"
whether he'd been drinking took a swig from an open can of beer and told
the officer, "Yes."
Read more: http://wivb.m0bl.net/r/d3cqt
A unique approach to the question---"Have you been drinking"
Friday, February 11, 2011
ZERO Tolerance?
As a Tulsa DUI attorney I wanted to share the following article showing the direction MADD has chosen. They no longer wish to just remove drunken drivers from the road--they plan to prohibit anyone from driving who has any amount of alcohol in their system. This means a person cannot have a sip of champagne to celebrate a special occasion with their meal. A husband and wife cannot share a glass of wine during a special outing-ZERO because they are actively pushing for all cars to be equipped with devices that will disable the vehicle if any amount of alcohol is detected. This is a cost that each person will pay--even those who do not drink in any form because the automobiles will cost more
They are no longer focusing on the problem of impaired drivers-- they are pushing for a national form of Prohibition –a mandate our nation failed at miserably in the past.
People should drink responsibly and not drive if they are impaired. If poor choices are made there is help form a Board certified DUI attorney in Tulsa, Oklahoma
www. EdgeLawFirm.com
www. EdgeDUIDefenseFirm.com
Groups hope to step up efforts against drunken driving
The New York Times
WASHINGTON Deterrence, the tactic of choice against drunken drivers for two decades, is no longer working in the struggle to reduce the death toll, say private and government experts.
Today, they will propose moving toward alcohol detection in every vehicle.
In the first phase, Mothers Against Drunk Driving, backed by a national association of state highway officials and car manufacturers, plans to campaign to change drunken-driving laws in 49 states to require that even first offenders be required to install a device that tests drivers and shuts down the car if it detects alcohol.
Many states already require the devices for people who have been convicted several times. Last year, New Mexico became the first to use them after a first offense. With that tactic and others, New Mexico saw a 12 percent drop in alcohol-related fatalities last year, according to federal figures.
The next step would be a program to develop new devices that would unobtrusively test any driver for alcohol, and disable the car to thwart drunken driving.
About 13,000 people will die this year in car crashes in which a driver was legally drunk.
They are no longer focusing on the problem of impaired drivers-- they are pushing for a national form of Prohibition –a mandate our nation failed at miserably in the past.
People should drink responsibly and not drive if they are impaired. If poor choices are made there is help form a Board certified DUI attorney in Tulsa, Oklahoma
www. EdgeLawFirm.com
www. EdgeDUIDefenseFirm.com
Groups hope to step up efforts against drunken driving
The New York Times
WASHINGTON Deterrence, the tactic of choice against drunken drivers for two decades, is no longer working in the struggle to reduce the death toll, say private and government experts.
Today, they will propose moving toward alcohol detection in every vehicle.
In the first phase, Mothers Against Drunk Driving, backed by a national association of state highway officials and car manufacturers, plans to campaign to change drunken-driving laws in 49 states to require that even first offenders be required to install a device that tests drivers and shuts down the car if it detects alcohol.
Many states already require the devices for people who have been convicted several times. Last year, New Mexico became the first to use them after a first offense. With that tactic and others, New Mexico saw a 12 percent drop in alcohol-related fatalities last year, according to federal figures.
The next step would be a program to develop new devices that would unobtrusively test any driver for alcohol, and disable the car to thwart drunken driving.
About 13,000 people will die this year in car crashes in which a driver was legally drunk.
Subscribe to:
Posts (Atom)
Posts
